Charles A. McGee - Page 14




                                               - 14 -                                                  
            v. Commissioner, 6 B.T.A. 617 (1927); Stringer v. Commissioner,                            
            84 T.C. 693 (1985), affd. 789 F.2d 917 (4th Cir. 1986).                                    
                  The importance of a brief is underscored in a case such as                           
            the one currently before us where the contentions advanced by                              
            petitioner are ill-defined and his testimony is vague and largely                          
            unhelpful.  At the close of the trial, petitioner was                                      
            specifically requested by the Court to include and explain in his                          
            opening brief each item that respondent used in reconstructing                             
            petitioner’s income with which he disagreed.  Petitioner,                                  
            however, failed to file a brief.6  When a party fails to file a                            
            brief altogether, such failure has been held by this Court to                              
            justify the dismissal of all issues as to which the nonfiling                              
            party has the burden of proof.  See Stringer v. Commissioner,                              
            supra.  While we are unwilling to enter a default judgment                                 
            against petitioner in this case for failure to file a brief, we                            
            view his failure as an indication of petitioner’s tenuous                                  
            position with regard to the issues in question.                                            
            A.  Validity of Petitioner’s Tax Returns                                                   
                  Section 6061 requires that an individual income tax return                           
            be signed “in accordance with forms or regulations prescribed by                           
            the Secretary.”  In order for an agent to sign an individual                               
            income tax return for a taxpayer, it must be done in a manner                              
            authorized by U.S. Treasury Regulations.  See sec. 1.6061-1(a),                            

                  6 As an experienced trial attorney, petitioner’s failure to                          
            file a brief is especially egregious.                                                      




Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011